RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374 (2) of the CrPC being aggrieved of the judgment dtd. 1/6/2013 passed by the learned Additional Sessions Judge, Salumbar, District Udaipur in Sessions Case No.44/2012, whereby he has been convicted and sentenced as under :-

(2.) Briefly stated, the facts of the case are that on 25/2/2011, FIR No.74/2011 for the offences under Ss. 363, 376, 384/34 of the IPC was registered at the Police Station Salumber on the basis of the statement of the victim to the effect that one Parmanand @ Pannalal and the appellant frequently used to humiliate and threaten the victim and her sister and they also subjected them to sexual assault. On 22/2/2011, when they were going to their home from school, Parmanand and the present appellant came on a motorcycle and forcibly took them to Udaipur via Adiwat, Bamaniya, Badwali and Kewada Ki Naal. They kept them in the house of one Bheru Singh at Udaipur and did not return back. They remained there for two days, whereafter police found them and got recorded their statements. The police after usual investigation filed a charge-sheet against the accused persons for the offences under Ss. 363, 366, 376 and 120-B of the IPC.

(3.) The learned trial court framed charges against the accused persons for the above offences and upon denial of guilt by them, commenced the trial. During the course of trial, as many as 20 witnesses were examined and 27 documents were exhibited. Thereafter, explanation was sought from the accused-appellant under Sec. 313 Cr.P.C., in which he refuted the prosecution allegations and claimed to be falsely implicate in the case. However, he did not choose to produce any evidence. Then, after hearing the learned Public Prosecutor and the defence counsel and meticulous appreciation of the evidence, learned trial Judge has convicted and sentenced the appellant as mentioned above vide judgment dtd. 1/6/2013, which is under assail before this court in the instant appeal.